Loor et al v. Atlantic Contracting of Yonkers Inc. et al
| Gabriel Loor |
| John Fitzpatrick, Atlantic Contracting of Yonkers Inc., Joel Acevedo, Gotham DryWall Inc., Gotham DryWall Inc. doing business as Gotham DryWall and Atlantic Contracting of Yonkers Inc. doing business as Atlantic Contracting of Yonkers |
| 1:2020cv03886 |
| May 19, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 58 STIPULATION REGARDING PLAINTIFF'S CLAIMS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendants Gotham Drywall Inc. and John Fitzpatrick (Defendants), that the judgment entered in Loor v. Acevedo, No. 21-CV-653 (Acevedo), Dkt. 20, covers the claims asserted by Plaintiff against Defendants in this action. IT IS FURTHER STIPULATED AND AGREED that judgment in Acevedo is intended to cover Defendant Atlantic Contracting, against which the Court entered a default judgment on January 5, 2021, IT IS FURTHER STIPULATED AND AGREED that facsimile or emailed copies of the signatures of the parties' counsel on this Stipulation may be treated as originals for all purposes. Pursuant to the parties' stipulation, the judgement at Dkt. 20 in Loor v. Acevedo, No. 21-CV-653, resolves all of Plaintiff's claims against Defendants in this action, including Atlantic Contracting of Yonkers Inc. Accordingly, this case is dismissed with prejudice. The Clerk of Court is respectfully directed to terminate all open motions and close this case. (Signed by Judge Valerie E. Caproni on 6/30/2021) (ate) |
| Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Faillace, Michael) |
Filing 56
MEMO ENDORSEMENT: on re: #55 Letter filed by Gabriel Loor. ENDORSEMENT: Not later than July 2, 2021, the parties must submit a joint stipulation providing that the judgment entered in Loor v. Acevedo, No. 21-CV-653, Dkt. 20, covers the claims asserted by Plaintiff against Defendants in this action. The stipulation must also state whether the judgment in Acevedo is intended to cover Defendant Atlantic Contracting, against which the Court entered a default judgment on January 5, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/30/2021) (ama)
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| Filing 55 LETTER addressed to Judge Valerie E. Caproni from Michael Faillace dated June 28, 2021 re: Settlement. Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Faillace, Michael) |
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Filing 54
ORDER: IT IS HEREBY ORDERED THAT the parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by July 2, 2021. The parties are warned that this option runs the risk that the case may be reopened in the future. If no letter or stipulation is filed by July 2, 2021, a conference shall be held on July 9, 2021, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. And as set forth herein. SO ORDERED., ( Motions due by 7/2/2021., Status Conference set for 7/9/2021 at 10:00 AM in Courtroom 444, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/04/2021) (ama)
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| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 5/17/2021. Mediation Status due by 6/16/2021. (ah) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 5/17/2021 at 11:00 AM through video conference. (sb) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 4/14/2021. (sb) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 3/31/2021 was not held. Mediation Status due by 4/22/2021.(sb) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/14/2021 at 11:00 AM through video conference. (sb) |
| Filing 52 STATUS REPORT. Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Faillace, Michael) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/31/2021 at 11:00 AM through video conference. (sb) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 3/18/2021 was not held. Mediation Status due by 4/2/2021.(sb) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 3/18/2021 at 11:00 AM through video conference.(sb) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/4/2021..(ah) |
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Filing 51
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 2/11/2021. (Signed by Judge Valerie E. Caproni on 2/3/2020) (rpr)
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Filing 50
MEMO ENDORSEMENT granting #49 Motion to Withdraw as Counsel. ENDORSEMENT: Application Granted. So Ordered. Attorney Jordan Gottheim terminated. (Signed by Judge Valerie E. Caproni on 2/1/2021) (js)
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| Filing 49 MOTION for Jordan Gottheim to Withdraw as Attorney . Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Gottheim, Jordan) |
| Filing 48 NOTICE OF APPEARANCE by Catalina Sojo on behalf of Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Sojo, Catalina) |
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Filing 47
MEMO ENDORSEMENT: on re: #46 Letter filed by Gabriel Loor. ENDORSEMENT: Defendant Joel Acevedo is DISMISSED without prejudice. Plaintiff may not reassert his claims against Defendant Acevedo in this matter without first seeking leave of the Court. Plaintiff's counsel is warned to closely abide by this Court's orders in the future to avoid disciplinary issues. SO ORDERED., Joel Acevedo terminated. (Signed by Judge Valerie E. Caproni on 1/13/2021) (ama)
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| Filing 46 LETTER addressed to Judge Valerie E. Caproni from Jordan Gottheim dated January 12, 2021 re: Claims Asserted in Amended Complaint Against Defendant Joel Acevedo. Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Faillace, Michael) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 1/5/2021. Attorney Jordan Gottheim present for the plaintiff. Attorney Constantine Tzifas present for defendant Gotham Dry Wall Inc. and Joel Acevedo. Defendant Atlantic Contracting of Yonkers Inc. did not attend. Court Reporter George Malinowski present. (anc) |
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Filing 45
ORDER: IT IS HEREBY ORDERED that not later than January 12, 2021, Plaintiff must show cause why his claims against Defendant Acevedo should not be dismissed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/05/2021) (ama)
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Filing 44
DEFAULT JUDGMENT AGAINST DEFENDANT ATLANTIC CONTRACTING OF YONKERS INC. (D/B/A ATLANTIC CONTRACTING OF YONKERS): NOW, on motion of Michael Faillace & Associates, PC, counsel for Plaintiff, it is hereby ORDERED and ADJUDGED that Defendant ATLANTIC CONTRACTING OF YONKERS INC. (D/B/A ATLANTIC CONTRACTING OF YONKERS) is liable to Plaintiff GABRIEL LOOR, as alleged in the complaint in this action, for unpaid overtime wages pursuant to the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), failure to furnish wage notice and wage statements as required under Section 195 of the New York Labor Law, unlawful "kickbacks" in violation of Section 198-b(2) of the New York Labor Law, unlawful deductions from wages in violation of New York Labor Law 190 et seq., and failure to timely furnish payment of wages as required under New York Labor Law 191, together with interest, costs, and attorneys' fees, all in a total to be ascertained. (Signed by Judge Valerie E. Caproni on 1/05/2021) (ama)
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| Filing 43 ELECTRONIC AMENDED SUMMONS ISSUED as to Joel Acevedo..(pc) |
| Filing 42 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Joel Acevedo, re: #39 Amended Complaint,. Document filed by Gabriel Loor (on behalf of others similarly situated), Gabriel Loor (individually)..(Faillace, Michael) |
| Filing 41 ANSWER to #39 Amended Complaint,. Document filed by Gotham DryWall Inc...(Tzifas, Constantine) |
| Filing 40 ANSWER to #39 Amended Complaint,. Document filed by John Fitzpatrick..(Tzifas, Constantine) |
| Filing 39 FIRST AMENDED COMPLAINT amending #1 Complaint, #34 Amended Complaint, against Atlantic Contracting of Yonkers Inc., Gotham DryWall Inc., John Fitzpatrick, Joel Acevedo with JURY DEMAND.Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). Related document: #1 Complaint, #34 Amended Complaint,..(Faillace, Michael) |
| Filing 38 CERTIFICATE OF SERVICE of Order to Show Cause served on Defendant Atlantic Contracting of Yonkeers Inc. on December 4, 2020. Service was made by Mail. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 37 MEMO ENDORSEMENT on re: #36 Letter, filed by Gabriel Loor. ENDORSEMENT: Plaintiff is instructed to serve the OTSC on Defendant Atlantic Contracting's Yonkers address. To the extent Plaintiff erred in listing the Manhattan address for Defendant Atlantic Contracting in its request for issuance of summons (Dkt. 3), Plaintiff need not serve the OTSC on Defendant at that address. (Signed by Judge Valerie E. Caproni on 12/3/2020) (cf) |
| Filing 36 LETTER addressed to Judge Valerie E. Caproni from Jordan Gottheim dated December 3, 2020 re: Address of Defendant Atlantic Contracting of Yonkers, Inc.. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). (Attachments: #1 NYS Dep't of State, Div. of Corporations Web page for Atlantic Contracting of Yonkers, Inc.).(Faillace, Michael) |
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Filing 35
ORDER TO SHOW CAUSE: it is ORDERED: That Defendant ATLANTIC CONTRACTING OF YONKERS INC. (D/B/A ATLANTIC CONTRACTING OF YONKERS), shall appear to show cause before a motion by teleconference, using dial-in: (888) 363-4749; Conference Code: 3121171; Security Code: 3886 on January 5, 2021, at 10:00 a.m. ORDERED that service of a copy of this Order and annexed affirmation and exhibits upon Defendant ATLANTIC CONTRACTING OF YONKERS INC. (D/B/A ATLANTIC CONTRACTING OF YONKERS) on or before December 11, 2020 by regular mail addressed to said Defendant, care of ("c/o") the Albany office, appearing on the ensuing page, of the Secretary of State of the State of New York, Division of Corporations, shall be deemed good and sufficient service. Plaintiff must also mail a copy of this Order to Defendant at its corporate address, 2199 Broadway, New York, NY 10024. ORDERED that any opposition by Defendant ATLANTIC CONTRACTING OF YONKERS INC. (D/B/A ATLANTIC CONTRACTING OF YONKERS) be filed with this Court on or before December 29, 2020. And as set forth herein. Show Cause Hearing set for 1/5/2021 at 10:00 AM before Judge Valerie E. Caproni. Show Cause Response due by 12/29/2020. (Signed by Judge Valerie E. Caproni on 12/03/2020) (ama)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Antonio Faillace to RE-FILE Document No. #34 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong party/parties whom the pleading is against were selected; Joel Acevedo and John Fitzpatrick were previously terminated, if they are active parties to the case, they must be added again. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 34 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against Joel Acevedo, Atlantic Contracting of Yonkers Inc., John Fitzpatrick, Gotham DryWall Inc. with JURY DEMAND.Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). Related document: #1 Complaint.(Faillace, Michael) Modified on 12/2/2020 (sj). |
| Filing 33 DECLARATION of Jordan Gottheim re: #25 Memo Endorsement, Set Deadlines/Hearings,,,,,,,,,,,,,, . Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 32 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #30 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #32 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Michael Faillace to RE-FILE Document No. #28 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the Order to Show Cause needs to be filed as a separate entry, with nothing attached. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (km) |
| Filing 31 DECLARATION of Jordan Gottheim in Support re: #29 Declaration in Support, #28 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 30 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 29 DECLARATION of Jordan Gottheim in Support re: #28 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Affidavit of Service upon Defaulting Defendant Corporation, #3 Exhibit C- Clerk's Certificate of Default against Defaulting Defendant Corporation).(Faillace, Michael) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). (Attachments: #1 Text of Proposed Order Proposed Order of Default Judgment, #2 Declara).(Faillace, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 11/20/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Michael Faillace to RE-FILE Document No. #28 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the order to show cause needs to be filed separately. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (km) |
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Filing 27
MEMO ENDORSEMENT re: #26 Proposed Stipulation and Order filed by Gabriel Loor. ENDORSEMENT: As the Court has previously stated, no default has been entered against Gotham Drywall Inc. in this case. (Signed by Judge Valerie E. Caproni on 11/19/2020) (nb)
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| Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
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Filing 25
MEMO ENDORSEMENT: on re: #24 Letter filed by Gabriel Loor. ENDORSEMENT: Application GRANTED. Plaintiff may file a proposed stipulation not later than November 18, 2020. The Court notes, however, that no default judgment has been issued to date as to Defendant Gotham Drywall Inc. The Court will permit Plaintiff to file an Amended Complaint not later than December 1, 2020, reasserting its claims against Defendant John Fitzpatrick. Plaintiff must also show cause not later than December 1, 2020, why this case should not be transferred to the Eastern District of New York or to White Plains in light of the facts alleged in Plaintiff's Complaint. Separately, Plaintiff's counsel has failed to comply with the Court's November 2, 2020 order to show cause related to Plaintiff's failure to apply for a default judgment against the corporate Defendants by the Court ordered deadline of October 23, 2020. As an initial matter, Plaintiff's counsel has not attempted to explain its inability to meet the Court's deadline. Further, Plaintiff's counsel has failed to comply with the instructions in the Court's Individual Practices, Attachment A, setting out the procedure for seeking a default judgment in this Court. Should Plaintiff still seek a default judgment against Defendant Atlantic Contracting of YonkersInc., Plaintiff's counsel must file all of the necessary materials pursuant to the Court's Individual Practices, Attachment A, not later than November 20, 2020. Plaintiff's counsel's continued failure to abide by the Rules of Civil Procedure and this Court's orders and Individual Practices will result in a dismissal. SO ORDERED., ( Amended Pleadings due by 12/1/2020., Motions due by 11/20/2020.) (Signed by Judge Valerie E. Caproni on 11/11/2020) (ama)
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| Filing 24 LETTER addressed to Judge Valerie E. Caproni from Jordan Gottheim dated November 9, 2020 re: Default of Defendant Gotham Drywall Inc. and Re-filing of Claims against Defendant John Fitzpatrick. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 23 CLERK'S CERTIFICATE OF DEFAULT as to ATLANTIC CONTRACTING OF YONKERS INC. (D/B/AATLANTIC CONTRACTING OF YONKERS).(km) |
| Filing 22 AFFIRMATION of Jordan Gottheim in Support re: #21 Proposed Clerk's Certificate of Default,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 20 ANSWER to #1 Complaint,. Document filed by Gotham DryWall Inc...(Tzifas, Constantine) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gotham DryWall Inc...(Tzifas, Constantine) |
| Filing 18 NOTICE OF APPEARANCE by Constantine Tryfon Tzifas on behalf of Gotham DryWall Inc...(Tzifas, Constantine) |
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Filing 17
ORDER: IT IS HEREBY ORDERED THAT not later than November 9, 2020, Plaintiff must show cause why his claims against the corporate Defendants should not be dismissed without prejudice for failure to prosecute under Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/02/2020) (ama)
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Filing 16
ORDER: IT IS HEREBY ORDERED THAT Plaintiff's claims against Defendants Joel Acevedo and John Fitzpatrick are DISMISSED without prejudice. Plaintiff's counsel has failed to demonstrate that Plaintiff exercised due diligence in attempting to serve the individual Defendants within the 90 days afforded under Federal Rule of Civil Procedure 4(m), nor has Plaintiff's counsel demonstrated good cause for the failure to serve. The process server's mistake in attempting service was evident on the face of the affidavit as returned to Plaintiff's counsel in May 2020, and Plaintiff's counsel has failed to provide a satisfactory explanation for counsel's failure to detect this error at the time it occurred. Plaintiff's failure to serve therefore warrants dismissal of Defendants Acevedo and Fitzpatrick from this case. IT IS FURTHER ORDERED THAT Plaintiff must file a Proposed Order to Show Cause for Default Judgment against Defendants Atlantic Contracting of Yonkers Inc. and Gotham DryWall Inc., a Proposed Default Judgment, and Supporting Papers pursuant to this Court's Individual Practices in Civil Cases, Attachment A, not later than October 23, 2020. According to the affidavits of service and Plaintiff's counsel's declaration, the corporate Defendants were served on May 21, 2020; their time to answer the Complaint was thus June 11, 2020. (Acevedo and John Fitzpatrick terminated.) (Signed by Judge Valerie E. Caproni on 10/2/2020) (rro)
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| Filing 15 DECLARATION of Jordan Gottheim re: #12 Order to Show Cause, . Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated). (Attachments: #1 Exhibit A- Affidavit of (Attemtped) Service upon Defendant Acevedo, #2 Exhibit B- Affidavit of (Attempted) Service upon Defendant Fitzpatrick, #3 Exhibit C- Affidavit of Due Diligence re Service upon Defendant Acevedo, #4 Exhibit D- Affidavit of Due Diligence re Service upon Defendant Fitzpatrick, #5 Exhibit E- Complaint in Case 1:20-cv-03828-JMF Anzurez et al v. La Unica Caridad Inc. et al, #6 Exhibit F- Affidavits of (Attempted Service) in the :La Unica Caridad Action, #7 Exhibit G- Email Requestign Service of Prcoess upon Individual Defendants, #8 Exhibit H- Email Requesting Service of Corporate Defendants, #9 Exhibit I- Affidavit of Service (Defendant Atlantic Contacting of Yonkers Inc.), #10 Exhibit j- Affidavit of Service (Defendant Gotham Drywall Inc.)).(Faillace, Michael) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Gotham DryWall Inc. served on 8/21/2020, answer due 9/11/2020. Service was accepted by Sue Zouky, Authorized Representative of the Secretary of State. Document filed by Gabriel Loor (individually); Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Atlantic Contracting of Yonkers Inc. served on 8/21/2020, answer due 9/11/2020. Service was accepted by Sue Zouky, Authorized Representative of the Secretary of State. Document filed by Gabriel Loor (individually); Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
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Filing 12
ORDER: IT IS HEREBY ORDERED THAT no later than October 2, 2020, Plaintiff must show cause why this case should not be dismissed for failure to serve. Plaintiff must specifically provide evidence showing that it has made diligent efforts to effect service and that good cause exists for its failure to effect timely service. If Plaintiff fails to make this showing, this case willbe dismissed. SO ORDERED (Signed by Judge Valerie E. Caproni on 9/25/2020) (ama)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to Atlantic Contracting of Yonkers Inc...(pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Gotham DryWall Inc...(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to John Fitzpatrick..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Joel Acevedo..(pc) |
| Filing 7 NOTICE OF APPEARANCE by Jordan Gottheim on behalf of Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Gottheim, Jordan) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to John Fitzpatrick, re: #1 Complaint,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Joel Acevedo, re: #1 Complaint,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Gotham DryWall Inc., re: #1 Complaint,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Atlantic Contracting of Yonkers Inc., re: #1 Complaint,. Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Faillace, Michael) |
| Filing 1 COMPLAINT against Joel Acevedo, Atlantic Contracting of Yonkers Inc., John Fitzpatrick, Gotham DryWall Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19893064)Document filed by Gabriel Loor (individually), Gabriel Loor (on behalf of others similarly situated)..(Faillace, Michael) |
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